TURKEY

CASE N° TK/39 - Leyla Zana CASE N° TK/40 - Sedat Yurtdas CASE N° TK/41 - Hatip Dicle CASE N° TK/42 - Zübeyir Aydar CASE N° TK/43 - Mahmut Alinak CASE N° TK/44 - Ahmet Türk CASE N° TK/48 - Sirri Sakik CASE N° TK/51 - Orhan Dogan

CASE N° TK/52 - Selim Sadak CASE N° TK/53 - Nizamettin Toguç CASE N° TK/55 - Mehmet Sinçar CASE N° TK/57 - Mahmut Kilinç CASE N° TK/58 - Naif Günes CASE N° TK/59 - Ali Yigit CASE N° TK/62 - Remzi Kartal

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 167th session (Jakarta, 21 October 2000)

The Inter-Parliamentary Council,

Referring to the outline of the case of the above-mentioned parliamentarians, former members of the Turkish Grand National Assembly (TGNA), as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/167/12(c)­R.1), and to the relevant resolution adopted at its 166th session (May 2000),

Taking account of the information and observations provided by members of the Turkish delegation to the 104th Conference of the Inter-Parliamentary Union (October 2000),

Recalling the following information on file:

1. On 2 March 1994, the Turkish Grand National Assembly (TGNA) lifted the parliamentary immunity of Ms. Zana, Mr. Dicle, Mr. Türk, Mr. Sakik, Mr. Dogan, Mr. Sadak and Mr. Alinak, leading to their arrest and prosecution for separatism under Article 125 of the Turkish Penal Code; on 16 June 1994 the Constitutional Court dissolved their party, the Democracy Party (DEP), as a result of which all but three MPs belonging to that party lost their parliamentary seats; Mr. Toguç, Mr. Kilinç, Mr. Günes, Mr. Yigit and Mr. Kartal fled abroad and were subsequently also accused of separatism;
2. Ms. Zana, Mr. Dicle, Mr. Türk, Mr. Dogan and Mr. Sadak were found guilty of membership of an armed organisation and sentenced to 15 years' imprisonment;. Mr. Yurtdas, Mr. Alinak, Mr. Sakik and Mr. Türk were found guilty of separatist propaganda and sentenced to 14 months' imprisonment and a fine;
3. Ms. Zana, Mr. Dicle, Mr. Dogan and Mr. Sadak, who are currently serving their prison sentence, were never accused of any acts of violence or advocacy of violence; the verdict relied heavily on the deputies' public speeches and writings quoted in the indictment as evidence of their membership of the Kurdish Workers' Party (PKK),

Recalling that, in its ruling of November 1997 on the first application referred by Ms. Zana, Mr. Dicle, Mr. Dogan and Mr. Sadak to the European Commission on Human Rights in March 1994, the European Court of Human Rights found a violation of Article 5, paragraphs 3 (right to be brought promptly before a judge), 4 (right to appeal against detention), and 5 (right to compensation in the event of a violation of the provisions of Article 5) of the European Convention on Human Rights; considering that, according to information provided by the Turkish delegation at the hearing held in Jakarta, the former deputies concerned were paid compensation in line with that decision,

Considering that in January 1996, the four former MPs concerned lodged a second application with the European Commission on Human Rights, invoking inter alia a violation of their right to fair trial (Article 6 of the European Convention); in its report of 9 March 1999 on that application, the Commission found a violation of Article 6 on grounds, inter alia, of their having been judged by a State Security Court comprising a military judge and thus by a court failing to meet the criteria of an independent and impartial tribunal, and of disrespect for the rights of the defence; the case is now pending before the European Court of Human Rights,

Recalling that in 1998 Ms. Zana was sentenced to a further one-year prison term for an article she published in late 1997 in a HADEP Party paper; that the State Security Court reportedly held that using the word “Kurds” constituted incitement to hatred; that Mr. Dicle was sentenced to an additional 10-year prison sentence for articles he published while in prison; that 14 charges under Section 8 of the Anti-Terrorism Law and Article 312 of the Penal Code were still pending against him, each of which carries a prison sentence ranging from 1 to 3 years,

Recalling that, on 8 February 1999, the Turkish Grand National Assembly voted an amnesty law which suspended the execution of the additional sentences handed down on Mr. Dicle and Ms. Zana so long as they did not repeat any such statements,

Considering that, according to the information provided by the Turkish delegation, a new draft amnesty law is under discussion which will cover those sentenced on account of having exercised their right to freedom of expression; however, it does not cover crimes involving terrorism,

Considering that, following its request made at the 103rd Conference of the Inter-Parliamentary Union (April/May 2000) to take action under Rule 61 of the Rules of the European Court of Human Rights, the Secretary General submitted a third-party declaration to the Court on 7 September 2000,

1. Takes note of the report of the European Commission on Human Rights dated 9 March 1999, which concludes that the right to fair trial of the former MPs concerned has been violated;
2. Considers that this ruling adds weight to the consistent appeals of the Inter-Parliamentary Union that the former MPs concerned be granted an amnesty and released;
3. Remains convinced, in the light of the evidence on file, that they were found guilty and sentenced on account of having exercised their right to freedom of expression in advocating a political solution to the conflict in south-eastern Turkey;
4. Therefore solemnly reiterates its appeal to the Turkish Grand National Assembly to grant an amnesty to the former MPs, including those in exile; remains convinced that this would give practical expression to the stated will of the Turkish authorities to promote and respect human rights, including freedom of speech;
5. Requests the Secretary General to convey this decision to the parliamentary authorities;
6. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (April 2001).

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